HomeMy WebLinkAbout20130614 Ver 2_Approval Letter_20140113AL
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Resources
Water Quality Programs
Pat McCrory Thomas A. Reeder John E. Skvarla, III
Governor Director Secretary
January 13, 2014
Craven, Jones and Carteret Counties
DWR Project No. 20130614 v.2
Croatan National Forest
MODIFICATION of APPROVAL of 401 WATER QUALITY CERTIFICATION and NEUSE BUFFER AUTHORIZATION
with ADDITIONAL CONDITIONS
Mr. Kevin Rose
Federal Highway Administration
21400 Ridgetop Circle
Sterling, VA 20166
Dear Mr. Rose:
You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of bridge and culvert
replacements in the Croatan National Forest in Craven, Jones and Carteret Counties:
Stream, Buffer and Wetland Impacts in the Neuse and White Oak Basins Approved by the Original
Certification dated October 17, 2013
* Neuse Basin
** White Oak Basin
Transportation and Permitting Unit
1650 Mail Service Center, Raleigh, NC 27699 -1650
Location: 512 N. Salisbury St. Raleigh, NC 27604
An Equal Opportunity 1 Affirmative Action Employer
Phone: 919 - 707 -87851 FAX: 919 - 733 -1290
Internet: www.ncwater.org
Stream
Stream.
Wetland
Buffer Zone 1
Buffer Zone 2
Wetland
Site Number
Permanent
Temporary
(sq ft)
(sq ft)
Fill (ac)
Temporary
1
1
Fill ac
Brown Rd
11.25
29.7
1315
0
0.006
0.014
MP 0.100 *
Middle Little Rd
9
30.5
132
0
0
0
MP 3.517 *
Middle Little Rd
16.5
16.2
0
0
0.001
0.005
MP 3.953 *
Petiford Cr Rd
20
27.5
0
0
0.011
0.017
MP 0.394 **
Black Swamp Rd
16.5
20.3
0
0
0
0.05
MP 4.076 **
Black Swamp Rd
14
48.5
0
0
0.002
0.025
MP 0.630 **
Millis Rd
22
19.6
0
0
0.011
0.030
MP 7.300 **
Total
109.25
192.3
1,447
0
0.031
0.141
Net Total Impacts
301.55
1,447
0.172
* Neuse Basin
** White Oak Basin
Transportation and Permitting Unit
1650 Mail Service Center, Raleigh, NC 27699 -1650
Location: 512 N. Salisbury St. Raleigh, NC 27604
An Equal Opportunity 1 Affirmative Action Employer
Phone: 919 - 707 -87851 FAX: 919 - 733 -1290
Internet: www.ncwater.org
Page 2 of 4
Stream, Buffer and Wetland Impacts in the Neuse and White Oak Basins Approved with this Modification
* Neuse Basin
** White Oak Basin
Additionally, 0.01 acres of Open Water impacts at the Brown Rd Milepost 0.100 site and 0.013 acres of Open Water impacts at the
Middle Little Rd Milepost 3.517 site are approved with this Certification.
The project shall be constructed in accordance with your application dated received November 27, 2013. All the authorized activities
and conditions associated with the original Water Quality Certification dated October 17, 2013 still apply except where superceded by
this certification After reviewing your application, we have decided that these impacts are covered by General Water Quality
Certification Number 3886. This certification corresponds to the Nationwide Permit 14 issued by the Corps of Engineers. This
approval is also valid for the Neuse Riparian Buffer Rules (15A NCAC 2B.0233). In addition, you should acquire any other federal,
state or local permits before you proceed with your project including (but not limited to) Sediment and Erosion Control, Non -
Discharge and Water Supply Watershed regulations. This approval will expire with the accompanying 404 permit.
This approval is valid solely for the purpose and design described in your application (unless modified below). Should your project
change, you must notify the DWR and submit a new application. If the property is sold, the new owner must be given a copy of this
Certification and approval letter, and is thereby responsible for complying with all the conditions. If total wetland fills for this project
(now or in the future) exceed one acre, or of total impacts to streams (now or in the future) exceed 150 linear feet, compensatory
mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to remain valid, you must adhere to
the conditions listed in the attached certification.
1. This modification is applicable only to the additional proposed activities. All of the authorized activities and conditions associated
with the original Water Quality Certification dated October 17, 2013 and subsequent modifications still apply except where
superceded by this certification.
2. A copy of this Water Quality Certification shall be maintained on site at the construction site at all times. In addition, the Water
Quality Certification and all subsequent modifications, if any, shall be maintained with the Division Engineer and the on -site
project manager.
Stream
Stream
Wetland
Site Number
Permanent
Temporary
Buffer Zone 1
Buffer Zone 2
Wetland
Temporary
(sq ft)
(sq ft)
Fill (ac)
1
1
Fill ac
Brown Rd
11.0
29.8
1409
0
0.011
0.011
MP 0.100
Middle Little Rd
20.3
37.1
554
0
0
0
MP 3.517 *
Middle Little Rd
4
16.2
0
0
0.001
0.010
MP 3.953 *
Petiford Cr Rd
37
37.6
0
0
0.015
0.016
MP 0.394 **
Black Swamp Rd
18.5
22.9
0
0
0.001
0.006
MP 4.076 **
Black Swamp Rd
17.5
46.9
0
0
0.009
0.024
MP 0.630 **
Millis Rd
21.2
19.4
0
0
0.016
0.048
MP 7.300 **
Total
129.5
209.9
1,963
0
0.053
0.115
Net Total Impacts
339.4
1,963
0.168
Difference
+29.85
+516
-0.004
* Neuse Basin
** White Oak Basin
Additionally, 0.01 acres of Open Water impacts at the Brown Rd Milepost 0.100 site and 0.013 acres of Open Water impacts at the
Middle Little Rd Milepost 3.517 site are approved with this Certification.
The project shall be constructed in accordance with your application dated received November 27, 2013. All the authorized activities
and conditions associated with the original Water Quality Certification dated October 17, 2013 still apply except where superceded by
this certification After reviewing your application, we have decided that these impacts are covered by General Water Quality
Certification Number 3886. This certification corresponds to the Nationwide Permit 14 issued by the Corps of Engineers. This
approval is also valid for the Neuse Riparian Buffer Rules (15A NCAC 2B.0233). In addition, you should acquire any other federal,
state or local permits before you proceed with your project including (but not limited to) Sediment and Erosion Control, Non -
Discharge and Water Supply Watershed regulations. This approval will expire with the accompanying 404 permit.
This approval is valid solely for the purpose and design described in your application (unless modified below). Should your project
change, you must notify the DWR and submit a new application. If the property is sold, the new owner must be given a copy of this
Certification and approval letter, and is thereby responsible for complying with all the conditions. If total wetland fills for this project
(now or in the future) exceed one acre, or of total impacts to streams (now or in the future) exceed 150 linear feet, compensatory
mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to remain valid, you must adhere to
the conditions listed in the attached certification.
1. This modification is applicable only to the additional proposed activities. All of the authorized activities and conditions associated
with the original Water Quality Certification dated October 17, 2013 and subsequent modifications still apply except where
superceded by this certification.
2. A copy of this Water Quality Certification shall be maintained on site at the construction site at all times. In addition, the Water
Quality Certification and all subsequent modifications, if any, shall be maintained with the Division Engineer and the on -site
project manager.
Page 3 of 4
If you wish to contest any statement in the attached Certification you must file a petition for an administrative hearing. You may
obtain the petition form from the office of Administrative hearings. You must file the petition with the office of Administrative
Hearings within sixty (60) days of receipt of this notice. A petition is considered filed when it is received in the office of
Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday
between the hours of 8:00am and 5:00pm, except for official state holidays. The original and one (1) copy of the petition must be filed
with the Office of Administrative Hearings.
The petition may be faxed - provided the original and one copy of the document is received by the Office of Administrative Hearings
within five (5) business days following the faxed transmission.
The mailing address for the Office of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699 -6714
Telephone: (919)- 431 -3000, Facsimile: (919)- 431 -3100
A copy of the petition must also be served on DENR as follows:
Mr. Lacy Presnell, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Sincerely,
N' � 0--� f sr-
for Thomas A. Reeder
Attachments (General Certification and Certificate of Completion form)
cc: Tom Steffens, US Army Corps of Engineers, Washington Field Office
Jay Johnson, NCDOT, Division 2
Garcy Ward, DWR, Washington Regional Office
File Copy